LEGAL & POLICY

IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY ACESSING OR USING THE WWW.KASHIMA-ANIME.COM WEBSITE (THE "WEBSITE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "TERMS OF USE"). IF YOU DO NOT AGREE WITH THE TERMS OF USE AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

THIS WEBISTE IS AVAILABLE ONLY FOR INDIVIDUALS AGED EIGHTEEN (18) YEARS OF AGE OR OLDER. BY USING THIS WEBSITE AND BY AGREEING TO THE TERMS OF USE, YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST (18) YEARS OF AGE.

COMPANY RESERVES THE RIGHT TO MODIFY THE TERMS OF USE AT ANY TIME BY SENDING YOU A NOTIFICATION AND/OR PUBLISHING THE REVISED TERMS OF USE ON THE WEBSITE. SUCH CHANGES WILL BE IMMEDIATELY EFFECTIVE AND YOUR CONTINUED USE OF THE WEBSITE, CONTENT AND SERVICES THEREAFTER MEANS THAT YOU ACCEPT THOSE CHANGES.

YOUR USE OF THE WEBSITE, CONTENT AND SERVICES, IS ALSO SUBJECT TO THE COMPANY'S PRIVACY POLICY WHICH IS LOCATED AT WWW.KASHIMA-ANIME.COM/PRIVACY AND WHICH IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE.

These Terms of Use govern your use of the Kashima, LLC (the "Company" , "we," "us," and "our") Website and its contents (the "Content") and all services, including all orders made or processed for products available on the Website (collectively, "Services"), except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

So long as you are in compliance with these Terms of Use, you are granted a limited, personal, nontransferable, nonsublicensable, revocable license to: (a) access and use the Website, Content and Services only in the manner presented, and (b) access and use the Company computer and network services offered within the Website only in the manner expressly permitted by Company. Except for this limited license, Company does not convey any interest in or to the information or data available via the Website, Content and Services or any other Company property by permitting you to access the Website and use the Company computer and network services offered within the Website. Except to the extent required by law or as expressly provided herein, none of the Website, Content and Services may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Website, Content and Services in any way, unless expressly permitted to do so by Company.

The Website, Content and Services contain information, text, documents, materials, images, graphics, photography, designs, logos, layouts, icons and computer code that is owned exclusively by the Company or its licensors and is protected under applicable copyright, patent, trademark, and/or other proprietary intellectual property rights. No rights to the use of any of the Company's or its licensors' intellectual property rights are conveyed by your use of the Website, Services and/or the Terms of Use. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any intellectual property right. Except as expressly stated herein, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, stream, transmit, or distribute the intellectual property of the Website, Content and Services in any way without Company's or the appropriate licensor's prior written permission.

In addition to other restrictions set forth in these Terms of Use, you agree that you will not: (a) use the Website, Content or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or any server or networks connected to the Website or Services); (b) use the Website, Content or Services in any manner that could interfere with any third party's use and/or enjoyment of the Website or Services (or any server or networks connected to the Website or Services); (c) use the Website, Content or Services in any manner which may infringe any intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, invasive of another's privacy, or in violation of the Terms of Use; (d) use any data mining or similar data gathering and extraction methods in connection with the Website, Content or Services; (e) use the Website, Content or Services to construct any kind of compilation or database; (f) impersonate any person, business or entity; (g) circumvent, disable or otherwise interfere with security-related features of the Website or Services; or (h) use the Website, Content or Services in violation of any applicable law.

You may choose to register with Company through the Website and create a user account (the "Account"). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.

The Website may permit the submission of user-submitted text, artwork, photographs, product reviews, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

By submitting User Submissions, you hereby grant to Company an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Company shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Company reserves the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms of Use in deciding whether or not to allow the uploading and/or removal of any User Submissions.

In connection with User Submissions, you affirm, represent, and warrant to Company that: (a) the content of your User Submissions is original (does not infringe previously published material, including music); (b) you own all right, title and interest to your User Submissions and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the license granted above; (c) use of your User Submissions on the Website or otherwise by Company, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (d) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submissions which will allow Company to utilize the User Submission(s) without compensation or objection. For clarity, Company obtains the license detailed above, but does not claim ownership of your User Submissions.

Company has the right, but not the obligation, to monitor the content of the User Submissions in order to determine compliance with these Terms of Use and any operating rules established by Company, as well as to satisfy any law, regulation, or authorized government request. We reserve the right, at our sole discretion, to remove any User Submissions for any reason.

The Terms of Use is effective until terminated. You may terminate your use of the Website, Content and Services at any time. You agree that Company may, at its sole discretion, temporarily or permanently terminate your use of the Website, Content and Services at any time and for any or no reason in its sole discretion without prior notice to you. Upon termination, for any reason, you agree to discontinue use of the Website and Services and to destroy any copies of the Content. You agree that Company shall not be liable to you or any third party for any termination or suspension of your Account or your use of the Website, Content and Services.

By placing an order using Company's Website, Content and Services, you are making a binding offer for a contract of sale with Company. To place an order, you will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order only constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation") and the contract has been formed. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Only the products listed in the Shipment Confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Upon receiving your order, we carry out the standard authorization check on your payment method to ensure there are sufficient funds to fulfill the transaction. Your payment method will be debited upon authorization being received. The monies received upon the debiting of your payment method shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been dispatched and you have received the Shipment Confirmation, the monies deposited shall be used as consideration for the value of the products you have purchased as listed in the Order Confirmation.

You acknowledge and agree that the shipping terms for all products purchased from Company are FOB (Free On Board) shipping point and ownership transfers to you upon dispatch. This means that the risk of loss and title for such items pass to you upon Company's delivery of the product to the shipping carrier.

We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers, resellers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our "Contact Us" link on the Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Company cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an Order Confirmation email, the Order Confirmation email controls.

The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. Unless otherwise indicated, prices displayed on the Website are quoted in United States dollars (USD). While we take care to ensure that all prices quoted on the Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which a Order Confirmation has been sent, therefore (except as provided above) price adjustments on previous orders are not permitted.

All orders originating from Texas will be charged a 8.25% sales tax. For international customers, shipments may be subject to import or VAT taxes assessed by your country's government taxing regulations and are the responsibilities of the customer.

As part of your use of the Website and Services, you may be provided with the opportunity to access third party services and websites via outbound hyperlinks (collectively and individually, "Third Party Materials"). You agree to use the Third Party Materials at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Company does not warrant or endorse such Third Party Materials, and does not assume any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided by Company solely as a convenience to you.

The Website and Services may contain third party tracking tools from our service providers to collect and analyze user information on our behalf. Please refer to Company's privacy policy located at WWW.KASHIMA-ANIME.COM/PRIVACY for more information.

You represent and warrant that: (a) you possess the legal right, capacity and ability to agree to the Terms of Use; (b) that all information or material that you transmit through the Website and Services is owned by you, is true, accurate and current, including user Account information; (c) you are 18 years of age or older, and acknowledge that the Website and Services are not available for use by children under 18 years of age; and (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.

YOUR USE OF THE WEBSITE, CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE WEBSITE, CONTENT AND SERVICES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, CONTENT AND SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

THE WEBSITE, CONTENT AND SERVICES, OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEBSITE, IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, CONTENT AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

To the maximum extent permitted by law, you agree to defend, indemnify and hold Company and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, damages, liability, costs or expenses (including, but not limited to reasonable attorneys' fees) of any kind or nature, based upon, arising out of, or otherwise relating to your use of the Website, Content and Services or any breach by you of these Terms of Use.

If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users that we have received a notice of infringement by means of a general notice on our Website, electronic mail to a user's electronic mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

The aforementioned responsibilities are required of Company in order to comply with the Digital Millennium Copyright Act, and will automatically be amended to incorporate any changes, amendments or modifications made thereto.

THESE TERMS OF USE AND ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, CONTENT AND SERVICES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE TO ACCEPT THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS, U.S.A., AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICE OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Company and the Website are located in the United States. The United States controls the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Website, Content and Services (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software), you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Website, Content and Services (including any software).